OVERVIEW
Welcome to Scorpion Bay. The terms “we”, “us”, and “our” refer to Scorpion Bay. Scorpion Bay operates this website and online store, including all related information, content, features, tools, products, and services (collectively, the “Services”), in order to provide you, as a customer, with a curated shopping experience. Scorpion Bay is powered by Shopify, which enables us to provide the Services.
These Terms and Conditions of Service (“Terms”) govern your access to and use of the Services, together with any policies referenced herein.
Please read these Terms carefully, as they contain important information regarding your legal rights, including warranty disclaimers and limitations of liability.
By visiting, accessing, browsing, or using our Services, you agree to be bound by these Terms and our Privacy Policy [LINK]. If you do not agree to these Terms or the Privacy Policy, you must not access or use the Services.

SECTION 1 – ACCESS AND ACCOUNT
By accepting these Terms, you represent that you are at least the age of majority in your country, state, or province of residence, and that you have given us your consent to allow any minor dependents to use the Services on devices owned or controlled by you. In order to access certain Services, including browsing our online store or purchasing products or services, you may be required to provide personal information such as your email address, billing details, payment information, and shipping address. You represent and warrant that all information you provide is accurate, current, and complete, and that you have all necessary rights to provide such information. You are solely responsible for maintaining the confidentiality and security of your account credentials and for all activities conducted under your account. You may not transfer, sell, assign, or license your account to any third party.

SECTION 2 – OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that the colors or appearance of products may differ from how they appear on your screen due to the type of device you use to access the store and the settings and configurations of that device.
We do not guarantee that the appearance or quality of any product or service purchased will meet your expectations or match what is depicted or displayed in our online stores.
All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any product offered to any person, geographic area, or jurisdiction on a case-by-case basis.

SECTION 3 – ORDERS
By placing an order, you are submitting an offer to purchase. Scorpion Bay reserves the right to accept or refuse any order at its sole discretion and for any reason. An order shall not be deemed accepted until Scorpion Bay confirms acceptance. Payment must be received and successfully processed before acceptance of the order. Please review your order carefully before submitting it, as cancellation requests may not be possible once the order has been accepted. If your order is rejected, modified, or cancelled, we will attempt to notify you using the email address, billing address, and/or phone number provided at checkout. Returns and exchanges are governed exclusively by our Refund Policy [LINK]. You represent and warrant that purchases made through our Services are intended solely for personal or household use and not for resale or export.

SECTION 4 – PRICING AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be indicated in the order confirmation email. Unless otherwise expressly stated, published prices do not include taxes, shipping costs, handling fees, customs duties, or import costs.
Prices listed in our online stores may differ from prices offered in physical stores, other online stores, or stores operated by third parties. We may, from time to time, offer promotions on the Services that may affect prices and are governed by terms and conditions separate from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the terms of the promotion shall prevail.
You agree to provide up-to-date, complete, and accurate purchase, payment, and account information for all purchases made in our stores. You agree to promptly update your account and other information, including your email address, credit card numbers, and their expiration dates, so that we can complete your transactions and contact you when necessary.
You represent and warrant that (i) the credit card information provided is true, accurate, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) the charges incurred will be honored by the credit card issuer, and (iv) the amounts charged will be paid at the published prices, including shipping and handling fees and all applicable taxes, if any.

SECTION 5 – SHIPPING AND DELIVERY
Delivery times are estimates only and are not guaranteed.Scorpion Bay shall not be liable for delays caused by shipping carriers, customs procedures, force majeure events, or circumstances beyond our reasonable control. Ownership and risk of loss transfer to you upon delivery of the products to the shipping carrier.

SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including, but not limited to, all trademarks, brand names, text, visual elements, images, graphics, product reviews, video, and audio, as well as their design, selection, and arrangement, are the property of Scorpion Bay, its affiliates, or its licensors and are protected by Italian and foreign laws governing patents, copyrights, and other intellectual property rights.
These Terms permit the use of the Services solely for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, download, store, or transmit any material on the Services without our prior written consent. Except as expressly provided in these Terms, nothing herein grants or shall be construed as granting any license or other rights with respect to the patents, trademarks, copyrights, or other intellectual property rights of Scorpion Bay, Shopify, or any third party. Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted in these Terms are reserved by Scorpion Bay.
The names, logos, product and service names, designs, and slogans of Scorpion Bay are trademarks of Scorpion Bay, its affiliates, or its licensors. You may not use these trademarks without the prior written consent of Scorpion Bay. The name, logo, product and service names, designs, and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans appearing on the Services are trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS
You may be provided with access to third-party customer tools as part of the Services, which we do not monitor and over which we have no control or influence.
You acknowledge and agree that we provide access to such tools “as is” and “as available,” without any warranty, representation, or condition of any kind and without any endorsement. We shall have no liability of any kind arising from or related to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms and conditions under which such tools are provided by their respective third-party providers.
In the future, we may also offer new features through the Services (including the release of new tools and resources). These new features will also be considered part of the Services and will be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any integrated third-party features). We are not responsible for reviewing or evaluating the content or accuracy of any third-party materials or websites that you choose to access. If you decide to leave the Services to access such third-party materials or websites, you do so at your own risk.
We are not responsible for any damage or loss related to accessing third-party websites or to the purchase or use of products, services, resources, or content found on third-party websites. Carefully review the policies and practices of third parties and ensure you understand them before engaging in any transactions. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY
Scorpion Bay is powered by Shopify, which enables us to provide you with the Services. However, all sales and purchases made in our store are conducted directly with Scorpion Bay. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and Scorpion Bay, including any damages, injuries, or losses arising from the products and services purchased. You hereby expressly release Shopify and its affiliates from any claims, damages, and liabilities arising from or related to your purchases and transactions with Scorpion Bay.

SECTION 10 – PRIVACY POLICY
All personal data we collect through the Services is subject to our Privacy Policy, available here [LINK], and certain personal data may be subject to the provisions of Shopify’s Privacy Policy, available here. By using the Services, you acknowledge that you have read this Privacy Policy.
Since the Services are hosted by Shopify, Shopify collects and processes personal information related to your access to and use of the Services in order to provide and improve the Services. The information you submit to the Services will be transmitted to and shared with Shopify as well as with third parties who may be located in a country other than the one in which you reside, in order to provide you with the Services. Please see our privacy policy [LINK] for more details on how we, Shopify, and our partners use your personal data.

SECTION 11 – FEEDBACK
If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium and for any purpose, including commercial use. We may, for example, exercise the rights granted by such license to operate, provide, evaluate, improve, refine, and promote the Services, and to fulfill our obligations and exercise our rights under the Terms of Service.
You further represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentive received in connection with the submission of the Feedback; and (iii) your Feedback will comply with these Terms. We are not and will not be under any obligation to (1) keep your Feedback confidential; (2) pay compensation for your Feedback; or (3) respond to your Feedback.
We may, without any obligation to do so, monitor, edit, or remove Feedback that, in our sole discretion, we deem to be illegal, offensive, threatening, defamatory, libelous, pornographic, obscene, or otherwise unacceptable, or that infringes upon the intellectual property of any party or violates these Terms of Service.
You agree that your Feedback will not infringe upon any third-party rights, including copyrights, trademarks, privacy rights, personality rights, or other personal or proprietary rights. You further agree that your Feedback will not include any content that is libelous, defamatory, or otherwise illegal, unlawful, or obscene, nor will it contain any computer viruses or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, impersonate anyone else, or otherwise mislead us or third parties regarding the origin of any Feedback. You are solely responsible for any Feedback you provide and its accuracy. We assume no responsibility and accept no liability for any Feedback posted by you or third parties.

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, certain information on or within the Services may contain typographical errors, inaccuracies, or omissions regarding product descriptions, prices, promotions, offers, product shipping costs, transit times, and availability. If such information is not accurate, we reserve the right to correct errors, inaccuracies, or omissions, and to modify or update the information or cancel orders at any time and without notice (even after the order has been submitted).

SECTION 13 – PROHIBITED USES
You may access and use the Services solely for lawful purposes. You may access and use the Services solely for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for any unlawful or harmful purpose; (b) to violate any international, federal, provincial, or state laws, regulations, rules, or ordinances; (c) to infringe or violate our intellectual property rights or the intellectual property rights of third parties; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to knowingly send, receive, upload, download, use, or reuse any material that does not comply with these Terms; (g) to transmit, or cause the transmission of, any advertising or promotional material, including junk mail, chain letters, spam, or any other form of similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services or that, in our sole discretion, may harm Scorpion Bay, Shopify, or users of the Services, or expose them to liability.
Furthermore, you agree not to: (a) upload or transmit viruses or any other type of malicious code that is or may be used in any way that compromises the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell, or exploit any part of the Services; (c) collect or monitor the Personal Data of others; (d) send spam, engage in phishing, pharming, or pretexting on the Services; (e) use robots, spiders, scraping tools, data collection and extraction tools, automated devices or processes, artificial intelligence tools (such as agentic AI), or automated or manual means to access the Services; or (f) interfere with, circumvent, or bypass security or authorization features, robot exclusion headers, or other measures we have implemented to restrict access to the Services. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that any part of these Terms has been violated.

SECTION 14 – AGENTS
14.1 This section (Terms for Agents) applies if you use, permit, enable, or cause the implementation of an Agent to access, use, or interact with the Services. “Agent” means any software or service that performs autonomous or semi-autonomous actions on behalf of or at the direction of any person or entity and that may run on behalf of or through that person’s device without direct supervision.
14.2 No Agent may access, use, or interact with the Services unless it identifies itself at all times and operates in strict compliance with the requirements set forth in Section 14.4 below. Furthermore, no Agent may access, use, or interact with the Services if we have requested that the Agent refrain from accessing, using, or interacting with any service.
14.3 We may establish limits, including through technical measures, on the terms and conditions under which an Agent may access, use, and interact with the Services.
14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request originates from an Agent and state the Agent’s name by including the following in the request’s user-agent string: “Agent/[agent name]”; (ii) not conceal or obscure the fact that any access, use, or interaction originates from an Agent, for example by (a) mimicking human behavior and interaction patterns, or (b) bypassing or circumventing CAPTCHAs or measures designed to distinguish computer-based use from human use; (iii) respond truthfully to any questions or prompts designed to determine whether interactions originate from a human or a computer; (iv) not circumvent or otherwise evade any measures designed to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.

SECTION 15 – TERMINATION
We may terminate this Agreement or your access to the Services (or any part thereof), at our sole discretion, at any time and without notice, and you will remain liable for all amounts due up to and including the date of termination.
Even in the event of termination, the following sections will continue to apply: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provision that by its nature should survive termination.

SECTION 16 – DISCLAIMER OF WARRANTIES
The information presented on or through the Services is provided solely for general informational purposes. We do not guarantee the accuracy, completeness, or usefulness of this information. Any reliance on such information is at your own risk. We disclaim all liability arising from any reliance on such materials by you or any other visitor to the Services or by anyone who is informed of any of their content.
Except as expressly stated by Scorpion Bay, the Services and all products offered through the Services are provided “as is” and “as available” for your use, without any representation, warranty, or condition of any kind, express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. We do not warrant, represent, or guarantee that the use of the Services will be uninterrupted, timely, secure, or error-free. Some jurisdictions limit or do not allow the exclusion of implied or other warranties, so the above warranty disclaimer may not apply to you.

SECTION 17 – LIMITATION OF LIABILITY
To the fullest extent permitted by law, under no circumstances shall Scorpion Bay, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, or licensors, or those of Shopify and its affiliates, be held liable for any injury, loss, claim, or for any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, but not limited to, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based on contract, tort (including negligence), strict liability, or otherwise, arising from the use of any Service or any product purchased through the Services, or from any other claim in any way related to the use of the Services or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Services or any content (or product) published, transmitted, or otherwise made available through the Services, even if the possibility of such damages has been reported.

SECTION 18 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Scorpion Bay, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any loss, damage, liability, or claim, including reasonable legal fees, owed to third parties or arising from (1) a breach of these Terms of Service or the documents incorporated herein by reference, (2) a violation of any law or the rights of third parties, or (3) your access to and use of the Services.
We will notify you of any claim subject to indemnification, provided that any failure to provide timely notice shall not relieve you of your obligations, unless you suffer substantial prejudice. We may control the defense and settlement of such a claim at your expense, including the choice of counsel, but we will not settle any claim that imposes non-monetary obligations without your consent, which shall not be unreasonably withheld. You will cooperate in the defense of indemnified claims, including by providing relevant documentation.

SECTION 19 – SEVERABILITY
If any provision of these Terms and Conditions of Service is found to be unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms and Conditions of Service; such determination shall not affect the validity and enforceability of the remaining provisions.

SECTION 20 – WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in connection with the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, without limitation, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 21 – ASSIGNMENT
You may not assign, transfer, or delegate this Agreement or any of the rights or obligations under these Terms without our prior written consent, and any attempt to do so will be null and void. We may assign, transfer, or delegate these Terms and our rights and obligations without your consent or prior notice.

SECTION 22 – GOVERNING LAW
These Terms and Conditions of Service and any separate agreement under which we provide the Services shall be governed by and construed in accordance with the federal, state, or territorial laws of the jurisdiction in which Scorpion Bay is headquartered. You and Scorpion Bay consent to the venue and personal jurisdiction of such courts.

SECTION 23 – HEADINGS
The headings used in this agreement are included solely for convenience and shall not limit or otherwise affect these Terms and Conditions of Service.

SECTION 24 – CHANGES TO THE TERMS
You can view the current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for any changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will take effect on the date indicated in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 25 – CONTACT INFORMATION
Questions regarding the Terms and Conditions of Service should be sent to onlinestore@scorpionbay.com.
Our contact information is provided below:
SCORPION BAY SPA
onlinestore@scorpionbay.com
Via Sottoprovinciale 24 - 24021 Albino (Bergamo)
REA: BG 162156
VAT No. 00640480166